Manuel da Conceica Sa de Sousa v The Secretary of State for the Home Department

Facts

The appellant is a Portuguese national who says he entered the United Kingdom on 15 March 2004. In 2014 he was convicted of assaulting a constable and fined. On 2 September 2021 he made an out-of-time application under the EU Settlement Scheme, and on 25 August 2022 he was granted Indefinite Leave to Remain. In that application his residence was accepted only from 2013. His offending increased in 2025 and 2026. In September 2025 he was convicted of nine counts of shoplifting. On 15 January 2026 he was convicted of 14 counts of theft and one count of criminal damage and was sentenced to 20 weeks' imprisonment. Four days later he was convicted of failing to comply with a community order. On 5 February 2026 the Secretary of State issued a notice of decision to make a deportation order under section 5(1) of the Immigration Act 1971, relying on section 3(5)(a) of the Immigration Act 1971. The appellant made representations during his prison induction. These were treated as a human rights claim and refused on 17 April 2026. He appealed, saying that he had lived in the UK for many years, came here as a child, had a dependent son, W, and a partner in the UK, had no ties in Portugal and suffered from bipolar disorder and physical ailments. He filed no witness statement and did not attend the hearing at Newport.